Designs Act, 1911

63. Entry of assignments and transmissions in registers

(1) Where a person becomes entitled by assignment transmission or other operation of law to the copyright in a registered design he may make application to the Controller to register his title and the Controller shall on receipt of such application and on proof of title to his satisfaction register him as the proprietor of such design and shall cause an entry to be made in the prescribed manner in the register of the assignment transmission or other instrument affecting the title.

(2) Where any person becomes entitled as mortgagee licensee or otherwise to any interest in a registered design he may make application to the Controller to register his title and the Controller shall on receipt of such application and on proof of title to his satisfaction cause notice of the interest to be entered in the prescribed manner in the Register of Designs with particulars of the instrument if any creating such interest.

(3) The person registered as the proprietor of a design shall subject to the provisions of this Act and to any rights appearing from the register to be vested in any other person have power absolutely to assign grant licenses as to or otherwise deal with the design and to give effectual receipts for any consideration for any such assignment license or dealing :

Provided that any equities in respect of the design may be enforced in like manner as in respect of any other movable property.

(4) Except in the case of an application made under section 64 a document or instrument in respect of which no entry has been made in the register in accordance with the provisions of sub-sections (1) and (2) shall not be admitted in evidence in any court in proof of the title to copyright in a design or to any interest therein unless the court for reasons to be recorded in writing otherwise directs.

Back

Index

Next